About this site | Terms of Use

25/03/2023

<PESSOA CLUB Terms of Use>

25/03/2023

1. "PESSOA CLUB" is a website operated by PESSOA CLUB Ltd. (hereinafter referred to as "our company").

2. PESSOA CLUB Ltd. sets forth the terms of use (hereinafter referred to as the "Terms") for the service of "PESSOA CLUB" (hereinafter referred to as the "Service") as follows.

Chapter 1 General rules

Article 1 Scope and Changes of These Terms

1. These Terms and Conditions set out the terms and conditions for using the Service operated by our Company.

2. These Terms and Conditions shall apply to all Users (defined in Article 3) regarding the use of the Service.

3. We may change these Terms and Conditions, in whole or in part, as appropriate, without obtaining prior consent from the user, by notifying or notifying the user in a manner that we deem appropriate, such as by posting on the website or by email.

4. If these Terms and Conditions are changed in whole or in part, the changed Terms and Conditions shall apply to the use of the Service, and Users shall comply only with the changed Terms and Conditions.

Article 2 Use of the Service

Users shall use the Service in accordance with the relevant laws and regulations, as well as these Terms and Conditions and the Privacy Policy, Help, etc. separately established by the Company.

Chapter 2 Users

Article 3 User

In these Terms and Conditions, "User" collectively refers to anyone who searches, browses or uses images, text, designs, logos, videos, programs, ideas, information, etc. (collectively "Content") provided by our company through this service, having fully understood and approved the contents of these Terms and Conditions.

This also includes customers who have completed registration for PESSOA CLUB as defined in Article 4 below (collectively referred to as "Members").

Chapter 3 Membership

Article 4 Membership

A "member" is a general term for an individual who, upon approval of the "PESSOA CLUB Terms and Conditions," applies to the Company for membership in the "PESSOA CLUB," and, after the Company has approved the application, completes the registration of the necessary information on the designated page as part of the prescribed registration procedures.

Article 5 Membership Registration

1.Those who wish to register as members must apply for membership by entering their name, gender, date of birth, postal code, address, telephone number, email address, and password on the dedicated page of this Service.

2. Elementary school students and younger are not eligible to apply for membership registration.

3. If the Company approves an application made under paragraph 1, it will send a registration confirmation email, and upon receipt of the email, the Company will register the applicant.

4. Only those who have an address and reside in Japan are eligible.

5. We will not approve your registration application if it falls under any of the following items.

(1) If it is discovered that a person wishing to register as a member has previously been subject to cancellation of his/her registration or other disposition due to a violation of the terms and conditions of any service provided by our company (including, but not limited to, these Terms and Conditions).
(2) If it is discovered that the application details of a person wishing to register as a member contain false information.
(3) If it is discovered that a person who wishes to register as a member has previously delayed payment obligations for fees or other charges, been unable to receive products or other items for a long period of time, made unreasonable requests for returns or exchanges, or otherwise defaulted on obligations in relation to any of the services provided by our company.
(4) If it is discovered that you have engaged in any of the acts set out in Article 18 (Prohibited Acts) of these Terms of Use in the past.
(5) Any other case in which the Company reasonably determines that approving the registration is inappropriate for the operation and management of the Service.

Article 6 Changes to Registration Information

1. If any change occurs in whole or in part to the information registered with our company, the Member shall promptly change the registered information in a manner separately specified by our company.

2. We shall not be liable for any damages incurred as a result of a member's failure to make timely changes to his/her registration.

Article 7 Suspension of Use of the Service and Cancellation of Membership Registration

If a Member falls under any of the following items, we reserve the right to suspend the Member's use of the Service, cancel the Member's registration, or take any other measures that we deem appropriate without prior notice.

(1) If it is discovered that you have been subject to cancellation of your membership or other penalties in the past due to a violation of the terms and conditions of any service provided by our company.
(2) If it is discovered that the registered information contains false information.
(3) If it is discovered that there has been a delay in payment obligations, such as fees, an extended period of inability to receive products, an unreasonable request for return or exchange, or other default in obligations in the past with respect to any service provided by our company
(4) If it is discovered that you have engaged in any of the acts set out in Article 18 (Prohibited Acts) of these Terms of Use in the past.
(5) If you violate any provision of the terms and conditions established by our company (including, but not limited to, these Terms and Conditions)
(6) Any other case in which the Company reasonably determines that a Member is inappropriate for the operation and management of the Service.

Article 8 Cancellation Procedure

In accordance with Article 11 of the "PESSOA CLUB Regulations", members may cancel their membership at any time.

Article 9 Management of PESSOA CLUB ID, email address and password

1. Members shall be responsible for carefully managing and storing their PESSOA CLUB ID, email address, and password set by themselves during registration, etc.

2. Members shall not transfer, buy, sell, inherit, lend, disclose or leak their PESSOA CLUB ID, email address or password to a third party unless prior consent is obtained from the Company.

3. If a Member discovers that his/her PESSOA CLUB ID, email address or password has been used illegally by a third party, he/she shall immediately contact the Company.

4. Members shall be responsible for any damages arising from insufficient management of their PESSOA CLUB ID, email address or password, errors or omissions in use, unauthorized use by third parties, etc., and the Company shall not bear any responsibility.

Article 10 Use of Personal Information

In accordance with Article 2 of our "Personal Information Protection Policy" separately stipulated by our company, the purposes for which personal information of members that our company learns in connection with the use of this service are set out below.

(1) To ship our products, send catalogs and direct mail, provide related after-sales service, and notify you of information regarding new products and services
(2) To provide information regarding our mail order business activities and events
(3) Creation and analysis of statistical data for marketing, sales promotion, product planning, and advertising
(For details, please refer to "Article 20: Information Management" in the PESSOA CLUB Terms of Use.)
(4) To log in to your My Page (Personal information obtained through social ID integration will only be used for the login function).
(5) To prevent and respond to fraudulent activities, etc.

Chapter 4 Purchasing Products

Article 11 Purchase of Products

1. Members can use this service to purchase products, etc. from our company.

2. When a Member wishes to purchase a Product, etc., he/she shall apply for the purchase or use of the Product, etc. in accordance with the method separately specified by the Company.

3. In accordance with the application in the preceding paragraph, the Member will confirm the delivery address, order details, etc. that they have entered and registered and then click the button to place the order. When the Member then receives an email from our company confirming the order details, a sales contract for the relevant Products, etc. will be concluded between the Member and our company.

4. Notwithstanding the provisions of the preceding paragraph, if any fraudulent or inappropriate conduct is found in relation to the use of the Service, the Company may cancel or terminate the sales contract or take other appropriate measures.

5. Delivery of products etc. through this service is limited to within Japan.

Article 12 Payment Method

1. The payment amount for the products will be the total of the purchase price of the products, including consumption tax, and any associated handling fees.

2. Payment for products purchased through this service shall be limited to payment by credit card in the member's name or any other payment method separately approved by our company.

3. In the case of payment by credit card, the member shall comply with the terms and conditions of a separate contract between the member and the credit card company. If any dispute arises between the member and the credit card company in relation to the use of the credit card, the member and the credit card company shall be responsible for resolving the dispute.

Article 13 Return and exchange of goods

Returns or exchanges of products will only be accepted if the request is made within seven days of receipt of the product by the method specified by our company and the separately stipulated conditions are met. Product exchanges are limited to exchanges of the same product in terms of color and size. Members will be responsible for all shipping costs for the products involved in the return or exchange. However, in the event of damage during delivery, defects in the products, misdelivery, counterfeit products, pirated copies, or other reasons attributable to our company, our company will cover all shipping costs for the products involved in the return or exchange. Even if you request an exchange for a substitute product, it may not be possible due to reasons such as product shortages. In such cases, our company will refund the payment for the product.

Article 14 Disclaimer regarding Products, etc.

1. Except as provided in the preceding article, the Company shall not guarantee or bear any responsibility for the quality, materials, functions, performance, compatibility with other products, or other defects of the Service and the Products sold through the Service, nor for any damage, loss, disadvantage, etc. caused thereby.

2. In the event of a problem due to an unknown delivery address, etc., our company will fulfill its obligation to deliver the products, etc. by contacting the contact information registered by the member and delivering the products, etc. to the delivery address specified at the time of purchasing the product, and our company will be exempt from such obligation.

Chapter 5. Use of Services

Article 15 Services Provided

As part of our Services, we provide the following services:

(1) Members' use of My Page (defined in Article 16)
(2) Viewing links from this service

Article 16 Use of My Page

Members may use the My Page designated by the Company. After logging in, Members may view each function on My Page and input, change, update, delete, etc., information for each function.

Article 17 Disclaimer

1. In the event that the Service provides links to other websites or resources, or links to the Service from third-party websites or resources, the Company shall not assume any responsibility for the content, use or results of the linked website (including, but not limited to, legality, validity, accuracy, reliability, safety, up-to-dateness and completeness). In addition, if the Company reasonably determines that the content of the linked website or resource is illegal or inappropriate for the management and operation of the Service, the Company may delete the linked website without any notice to the Member.

2. Even if the Service is temporarily suspended, discontinued or changed in the following cases, the Company shall not be liable for any damage, loss, disadvantage, etc. suffered directly or indirectly by the Member.

(1) In the event of a natural disaster such as a fire, earthquake, flood, lightning, or heavy snow.
(2) In the event of war, civil unrest, terrorism, riots, disturbances or other social unrest.
(3) If you are unable to receive proper service from the telephone company, shipping company or provider with which we have a contract
(4) If a situation arises that makes it technically impossible for the Company to respond to the request.3. The Company will fulfill its obligations and be exempted from liability by processing business in accordance with the details of the member's registration.

4. If a Member causes any damage to other Users or third parties through the use of the Service, the Member shall resolve the matter at his/her own responsibility and expense and shall not cause any damage, loss, disadvantage, etc. to the Company.

Article 18 Prohibited Matters

Users are prohibited from engaging in any of the following acts. In the event that a violation of this rule causes damage to our company or a third party, the user in question will be liable for full compensation for such damage.

(1) Any act that causes or may cause inconvenience, disadvantage or damage to the Company
(2) Using the Service for commercial purposes (excluding those approved in advance by the Company).
(3) Any act that violates or may violate laws and regulations
(4) Any act of using content obtained through the Service for any purpose other than personal use
(5) Reproducing, selling, publishing, distributing, or making publicly available any content obtained through the Service via other users or third parties other than other users, or any other similar acts
(6) Uploading to the Service or transmitting by email or other means any computer viruses, computer codes, files, programs or other content designed to disrupt, destroy or limit the functionality of computer software, hardware or telecommunications equipment

Article 19 Intellectual Property Rights

1. All intellectual property rights of the content provided through this service belong to our company or a third party that has granted our company a license to use the content.

2. Regardless of the purpose, if any acts prohibited by domestic and foreign copyright laws and other regulations, such as unauthorized copying, reproduction, or other acts of secondary use of our content are discovered, we will immediately take legal action.

3. If any dispute arises with a third party due to violation of the provisions of this Article, the Member shall resolve the dispute at his/her own responsibility and expense and shall not cause any damage, loss, disadvantage, etc. to the Company.

Chapter 6 Operation of the Service

Article 20 Management of Information

1. We will collect the following information regarding the user's access history in order to investigate the user's access history and usage status, or to improve services to the user.

(1) Information regarding the IP address or mobile device identification number when the User accesses the server of the Service
(2) User access information obtained through cookie technology2. We use cookies to collect information on the access history and usage status of this service. Cookies are a technology that temporarily writes data to the user's computer via the web browser to record and save the date and time the user last visited the site, the number of times the site was visited, etc.

3. We will use the acquired cookies together with member information for the purposes described in "Article 10: Use of Personal Information" to improve online services such as online customer service and data analysis. Cookies do not contain information that identifies a specific customer (such as name, address, telephone number, or email address).

4. We may obtain information from third parties to measure the effectiveness of advertisements we conduct in partnership with third parties, provide other affiliate programs, and use this information together with member information as personal data. The above information will be used for the purposes described in "Article 10: Use of Personal Information."

5. We deliver behavioral targeting advertisements that predict the interests of users on this service and on the websites of the following advertising distribution service providers with which we are affiliated.

(1) In order to use advertising distribution services provided by third parties such as Yahoo Japan Corporation and Google LLC, the third parties may collect and use user visit and action history information through cookies, etc. Visit and action history information collected by the third parties will be handled in accordance with the third parties' privacy policies.
(2) Users can stop the use of their visit and behavior history information for ad delivery by opting out of ad delivery services provided by third parties, such as Yahoo Japan Corporation and Google LLC.

6. We use Google Analytics, an access analysis tool provided by Google. This traffic data is collected anonymously and does not identify individuals.

In addition, we use the advertising function of Google Analytics to analyze customers' age groups, gender, interests, etc. The functions we use are as follows:

・Google Analytics Remarketing
・Advertising report function
・User demographics and interest category reports

The use of cookies within Google Analytics is subject to Google's privacy policy and terms. Please see here for information on how data is collected and how to disable cookies.

Google Analytics Google Policies and Terms:

https://policies.google.com/technologies/partner-sites?hl=ja

7. We will provide personal information, order information, and information regarding acquired access history to third parties to the extent necessary to prevent fraudulent activities and investigate wrongful acts.

In addition, we have agreed to require the relevant recipient to take measures to protect personal information, including preventing inappropriate leakage. 8. The user agrees in advance that if the user sets the web browser to reject cookies, the use of the Service may be restricted.

Article 21 Maintenance of the Service

In order to maintain the smooth operation of the Service, we may temporarily suspend or discontinue provision of all or part of the Service without prior notice to users in any of the following cases:

(1) In the case of regular or emergency maintenance of the computer system (hereinafter referred to as the "System") used to provide this Service
(2) When system operation becomes difficult due to natural disasters such as fire, earthquake, flood, lightning, heavy snow, etc.
(3) When the operation of the system becomes difficult due to social unrest such as war, civil unrest, terrorism, riots, or disturbances.
(4) When operation of the system becomes difficult due to a system malfunction, unauthorized access from a third party, infection by a computer virus, etc.
(5) When requested by an administrative or judicial institution based on reasonable grounds.
(6) Any other case in which the Company determines it is necessary to suspend or discontinue the System.

Article 22 Other

1. If any problem arises in relation to the use of this Service that cannot be resolved through these Terms and Conditions or the guidance and response of our Company, the Company and the User shall negotiate in good faith to resolve the problem.

2. In the event that litigation arises regarding the use of this Service, the Tokyo District Court shall be the exclusive court of first instance.

Supplementary Provision: These terms and conditions will apply to all users from March 17, 2023.

Last updated: March 17, 2023